Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Convention, 1970 (No. 131) - Republic of Korea (Ratification: 2001)

Article 1 of the Convention. Scope of application. In its previous comment, the Committee had requested the Government to explain whether domestic workers, who continue to be excluded from the coverage of the Minimum Wage Act, enjoyed any protection as regards minimum permissible levels of wages. The Government indicates that it is seeking ways, for instance through commissioned research, to protect domestic workers as well as those in various types of employment who are not protected by labour laws. The Committee requests the Government to provide additional explanations on the measures taken or planned with a view to extending the minimum wage coverage to domestic workers.

Article 5 and Part V of the report form. Enforcement measures – Application in practice. The Committee notes the statistical information provided by the Government, in particular the inspection results for the period 2007–11 which show a considerable increase in the number of infringements of the minimum wage legislation from 4,612 cases in 2007 to 14,718 cases in 2011. The Committee notes, however, that despite the significant increase of violations, judicial action has been taken in eight to ten cases, on the average, while the number of fines remained extremely limited in the same period.

In this connection, the Committee notes the comments of the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU) dated 12 June 2012, according to which although there are numerous cases of violation of the Minimum Wage Act, few sanctions have been reported, and therefore new measures to enhance compliance with the minimum wage legislation should be drawn up. In addition, the Committee notes that according to two labour surveys cited in the Government’s report, the share of workers paid less than the statutory minimum wage in 2011 was between 6.1 and 10.8 per cent of all workers.

Recalling the importance of an adequate system of inspection and truly dissuasive sanctions for the effective implementation of the Convention, the Committee requests the Government to provide up-to-date information on labour inspection activities and other enforcement measures aimed at ensuring compliance with minimum wage legislation. It also requests the Government to continue to provide information on the practical application of the Convention, including comparative statistics on the evolution of minimum pay rates and economic indicators such as the inflation rate, and copies of relevant reports or studies prepared to assist the Minimum Wage Council in its deliberations.